Dr. Michael Weinstock

The applicant was injured in a motor vehicle accident and received statutory accident benefits.

The insurer terminated weekly income benefits after 156 weeks.

The applicant sought ongoing benefits, claiming she was continuously prevented from working as a dressmaker due to chronic pain and fibromyalgia.

The arbitrator dismissed the claim for ongoing benefits, relying heavily on surveillance evidence that contradicted the applicant's reported functional limitations.

However, the arbitrator found that collateral benefits received by the applicant from private disability policies were not deductible from her pre-156 week income benefits, ordering the insurer to pay the shortfall with interest.

The applicant sought statutory accident benefits following a motor vehicle accident.

The insurer terminated weekly benefits and sought repayment, arguing the applicant drove without the owner's consent.

The arbitrator found the applicant was not entitled to further weekly income or care benefits as he was unemployed and able to perform his essential tasks.

However, the insurer's claim for repayment was dismissed because it failed to prove the applicant knew or ought to have known he was driving without consent.

The applicant was awarded his filing fee as expenses.